Order of the President of the General Court of 11 October 2012 — EDF v Commission
(Case T‑389/12 R)
Application for interim measures — Competition — Concentrations — Electricity market — Decision authorising a concentration operation subject to compliance with certain commitments — Refusal to grant the postponement of the deadline set for fulfilling those commitments — Application for interim measures — Lack of urgency
1. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — Cumulative nature — Balancing of all the interests involved — Order of examination and method of verification — Discretion of the judge dealing with the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 9-11)
2. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Financial loss — Situation capable of jeopardising the applicant company’s existence or irrevocably changing its market position — Burden of proof — Need to provide a faithful overall image of the financial situation of the undertaking (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 15-18, 22, 23)
Re:
| APPLICATION for interim measures in relation to Commission Decision C(2012) 4617 final of 28 June 2012 refusing to grant the applicant the postponement of the deadline fixed for fulfilling some of its commitments set out in Decision C(2009) 9059 of 12 November 2009, which authorises the concentration operation whereby Électricité de France was to acquire exclusive control of the assets of Segebel (Case COMP/M.5549 — EDF/Segebel). |
Operative part
1. | | The application for interim measures is dismissed. |